BILL NUMBER: SB 391	CHAPTERED  10/10/99

	CHAPTER   953
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999
	AMENDED IN SENATE   MARCH 11, 1999

INTRODUCED BY   Senator Chesbro
   (Principal coauthor: Assembly Member Strom-Martin)
   (Coauthors:  Assembly Members House, Kuehl, and Longville)

                        FEBRUARY 12, 1999

   An act to amend, repeal, and add Section 68120 of, and to repeal
Section 68121 of, the Education Code, relating to public
postsecondary education, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 391, Chesbro.  Public postsecondary education:  excuse of
tuition and fees.
   (1) Existing law requires the Regents of the University of
California and the Trustees of the California State University to
excuse the tuition and fees of any surviving child, natural or
adopted, of a deceased person who was a resident of the state, who
was employed by a public agency, as defined, whose principal duties
consisted of active law enforcement service or active fire
suppression and prevention, as specified, and who was killed in the
performance of active law enforcement or active fire suppression and
prevention duties, as specified.  This provision is applicable to the
Regents of the University of California only if the regents, by
resolution, make it applicable.
   This bill would specify that this provision applies to mandatory
systemwide tuition and fees.  The bill would extend the scope of this
provision so that it would apply to the Board of Directors of the
Hastings College of the Law. The bill would also extend the scope of
this provision so that it would apply, until January 1, 2002, to the
surviving child of a person who died while performing these duties,
and who was employed as a contractor, or as an employee of a
contractor, performing services for a public agency, as defined.
   (2) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 68120 of the Education Code is amended to read:

   68120.  (a) Notwithstanding any other provision of law, no
mandatory systemwide fees or tuition of any kind shall be required of
or collected by the Regents of the University of California, the
Board of Directors of the Hastings College of the Law, or the
Trustees of the California State University from any surviving child,
natural or adopted, of a deceased person who met all of the
following requirements:
   (1) Was a resident of this state.
   (2) Was employed by a public agency, or was a contractor, or an
employee of a contractor, performing services for a public agency.
   (3) His or her principal duties consisted of active law
enforcement service or active fire suppression and prevention.  This
section shall not apply to a person whose principal duties were
clerical, even if he or she was subject to occasional call or was
occasionally called upon to perform duties within the scope of active
law enforcement or active fire suppression and prevention.
   (4) Was killed in the performance of active law enforcement or
active fire suppression and prevention duties or died as a result of
an accident or an injury caused by external violence or physical
force, incurred in the performance of his or her active law
enforcement or active fire suppression and prevention duties.
   (b) As used in this section, "public agency" means the state or
any city, county, district, or other local authority or public body
of or within the state.
  (c) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.

  SEC. 2.  Section 68120 is added to the Education Code, to read:
   68120.  (a) Notwithstanding any other provision of law, no
mandatory systemwide fees or tuition of any kind shall be required of
or collected by the Regents of the University of California, the
Board of Directors of the Hastings College of the Law, or the
Trustees of the California State University from any surviving child,
natural or adopted, of a deceased person who met all of the
following requirements:
   (1) Was a resident of this state.
   (2) Was employed by a public agency.
   (3) His or her principal duties consisted of active law
enforcement service or active fire suppression and prevention.  This
section shall not apply to a person whose principal duties were
clerical, even if he or she was subject to occasional call or was
occasionally called upon to perform duties within the scope of active
law enforcement or active fire suppression and prevention.
   (4) Was killed in the performance of active law enforcement or
active fire suppression and prevention duties or died as a result of
an accident or an injury caused by external violence or physical
force, incurred in the performance of his or her active law
enforcement or active fire suppression and prevention duties.
   (b) As used in this section, "public agency" means the state or
any city, county, district, or other local authority or public body
of or within the state.
   (c) This section shall become operative on January 1, 2002.
  SEC. 3.  Section 68121 of the Education Code is repealed.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   So that the surviving children of contractors or of the employees
of contractors who died while providing essential service to the
people of this state may have their mandatory systemwide tuition and
fees excused as soon as possible, it is necessary that this act take
effect immediately.
